Testo completo
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JULIO GONZALEZ-ZAMUDIO,
Defendant - Appellant.
No. 15-30003
D.C. No. 1:14-cr-00245-PA
MEMORANDUM*
Appeal from the United States District Court
for the District of Oregon
Owen M. Panner, District Judge, Presiding
Submitted September 21, 2015**
Before: REINHARDT, LEAVY, and BERZON, Circuit Judges.
Julio Gonzalez-Zamudio appeals from the district court’s judgment and
challenges the 57-month sentence imposed following his guilty-plea conviction for
illegal reentry, in violation of 8 U.S.C. § 1326. We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
FILED
SEP 25 2015
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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Gonzalez-Zamudio contends that his sentence is substantively unreasonable
in light of (i) the age of his prior conviction, which triggered a 16-level
enhancement under U.S.S.G. § 2L1.2(b)(1)(A); (ii) his history and circumstances;
and (iii) the fact that he was sentenced to 27 months for a prior illegal reentry. The
district court did not abuse its discretion in imposing Gonzalez-Zamudio’s
sentence. See Gall v. United States, 552 U.S. 38, 51 (2007). The sentence at the
bottom of the Guidelines range is substantively reasonable in light of the 18 U.S.C.
§ 3553(a) sentencing factors and the totality of the circumstances, including
Gonzalez-Zamudio’s criminal and immigration history. See Gall, 552 U.S. at 51.
AFFIRMED.
15-30003 2
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